IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SECOND DAY OF DECEMBER, TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12100 OF 2025 Between: 1. Shaik Sulthan Basha, S/o. Chand Basha,Aged about 36 years, R/o. Moulana Saheb Street, Sattyagunta Road, Neliore City,SPSR Nellore District. 2. Onteru suman Kumar, S/o. Gopalaiah,Aged about 38 years, R/o. Moulana Saheb Street,Sattyagunta Road, Nellore City,SPSR Nellore District. 3. Shaik Mustaq, s/o. Sandhani Basha, Aged about 36 years, R/o. Bagathsingh Colony, Venkateswarapuram, Nellore City, SPSR Nellore District. 4. Shaik Lathif, S/o. Rasool Basha, Aged about 26 years, R/o. Moulana Saheb Street, Sattyagunta Road, Nellore City, SPSR Nellore District. ...Petitioners/Accused No.2 to 5 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Buildings, Amaravathi. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to release the petitioners on bail pending investigation and trial in FIR No.228 of 2025 Dt.22-08-2025 on the file of Nawabpet Police Station, SPSR Nellore District; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Raja Reddy Koneti, Advocate for the Petitioners and Public Prosecutor for the Respondent, the Court made the following; / , 2 Dr.YLRJ Crl..PNo.12100 of 2025 Dated 02.12.2025 / The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.2 to 5 on bail in Crime No.228 of 2025 of Nawabpet Police Station, SPSR Nellore, registered against the Petitioners/Accused Nos.2 to 5 herein for the offences punishable under Sections 308(5), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS Act’) and Section 25(1 )(A) of the Arms Act, 1959. 2. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, this Court in CrI.P.No. 10748 of 2025, vide order dated 31.10.2025, dismissed the first bail application. The second bail application was filed on 19.11.2025. The petitioners were arrested on 30.08.2025. They have been in judicial custody for the past 92 days. The petitioners were allegedly involved in dealing with ganja, which is below commercial quantity. So far, nine witnesses have been examined. The charge sheet has not yet been filed, as the petitioners are in judicial custody beyond the statutory period of incarceration as contemplated under Section 180(3)(i) of ‘the BNSS’. The petitioners are entitled to the granting of default bail. 3 Dr. YLR,J Crl..PNo.12100of2025 Dated 02.12.2025 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.2 to 5, this Court is inclined to enlarge the Petitioners/Accused Nos.2 to 5 on bail. In the result, the Criminal Petition is allowed with the following stringent 5. conditions: i. The Petitioners/Accused Nos.2 to 5 shall be enlarged on bail subject to them executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Kavali. ii. The Petitioners/Accused Nos.2 to 5 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet, iii. The Petitioners/Accused Nos.2 to 5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. \ iv. The Petitioners/Accused Nos.2 to 5 shall not commit or indulge in commission of any offence in future. V. The Petitioners/Accused Nos.2 to 5 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required^ . 4 Dr.YLR.J Crl..PNo.12100 of 2025 Dated 02.12.2025 Vi. The Petitioners/Accused Nos.2 to 5 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with 4he facts of the case so as to dissuade him/her from disclosing such facts to the Court. If the petitioners are found involved in any crime during their release on bail, the Investigating Officer is at liberty to file an application seeking for cancellation of bail. SOI- K.SRINIVASA RAJU ASSISTANT REGISTRAR SECTION omCER //TRUE COP\ To Additional Judicial Magistrate of First Class, Nellore. 1. Then 2. The Judicial Magistrate of First Class. Kavali. 3. The Superintendent, Sub-Jail, Kavali, Nellore District. House Officer, Nawabpet Police Station, SPSR Nellore 4. The Station District. 5. One CC to Sri. Raja Reddy Koneti, Advocate [OPUC] CCs to Public Prosecutor, High Court of AP [OUT] 6. Two 7. One spare copy HIGH COURT Dr.YLR.J DATED:02/12/2025 ORDER CRLP.No.12100 of 2025 s ALLOWED a 2 QEG ★